LAWS(NCD)-2011-8-46

STANLEY ENGINEERING P LTD Vs. HARYANA URBAN DEVELOPMENT

Decided On August 25, 2011
STANLEY ENGINEERING (P) LTD Appellant
V/S
HARYANA URBAN DEVELOPMENT Respondents

JUDGEMENT

(1.) Alleging deficiency in service on the part of the opposite party-HUDA, the above named complainant has filed this complaint praying for a direction to pay a sum of Rs.3,56,07,000 towards the escalation in the cost of construction between 1995 to March 2011 besides a sum of Rs. 30 lakh on account of harassment, inconvenience, hardship and loss of business including other co-related opportunities along with interest @ 18% per annum from the date of filing of the complaint.

(2.) On going through the averments and allegations made in the complaint, it would appear that the present complaint is by way of second round of litigation, which the complainant has initiated against HUDA. Earlier on 2.10.1995, the complainant had filed a complaint before Haryana State Consumer Disputes Redressal Commission (for short, 'the State Commission') alleging deficiency in service on the part of HUDA and claiming different reliefs, which complaint was allowed by the State Commission vide order dated 23.12.1998 thereby giving the following directions to HUDA:

(3.) Aggrieved by the said order, the opposite party-HUDA filed appeal (First Appeal No. 35 of 1999) in this Commission which was decided by this Commission vide order dated 30.6.2008 thereby modifying the order of the State Commission in the following manner: